Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-08-31
/ GREAT SURPRISE.
A Motion for d New Trial Of the Ftz-
patrick Case in the Federal Court
at Fort Smith, 0verruIed,
Nine Prominent Citizens OF the Chick.
sseW Nation Are the Defendants.
TIE Case Well Known In Texas.
TO the killing of Cavitt snd Jones-Ex-
ecut1ve C.emeney the Only Recourse.
A CELEBRATED CASE.

Special TO the Gazette.
FORT SMITH, ARK Aug. 30.-Q1ite & |
sensation was created at the United States |
court here to-day when Judge Parker
oyerruled the motion for new trial in
the Fitzpatrick case AMI committed seven
of the defendants to Jail, ali of them well
to do aud prominent citizens Of Paul's
Valley, Clickasaw Nation. The defend
arts in the case are James Fitzpatrick,
William Brooks, John Palmer, Dink
| Strswn, Reuben Gaines, Thomas Jackson,
George Homer, W. J. Henderson aud
William Callahan. In October, 1886,
these nine men We're tried for the killing
of Dick Cavitt, and Dick Jones August
10, 1885, ct Murray's ranch in the Chick
asaw Nation, End the jury returned
VERDICT OF MANSLAUGHTER
after three days deliberstion. The de
PENDANTS were aI on HAND, and on s.
motion for 8 new trial being fled they
were allowed to stsrd On their bond
pending the motion. They ali returned
home and have since remained there as
no court was held for several months OF
the time toat has elapsed since their con-
viCtion. About ten days ago all of them
except S.rawn put in their appearance
sGd have waited the pleasure of the court
to act il their case, confidently expecting
Few trial. This morning they were
called and the court in few brief re-
marks overruled the motion as 10 all the
defendants except William Callahan, VINO
was allowed
A NEW TRIAL,
and this evening his case was noIie
pressed as there was no evidence given Ct
the trial duplicating him in the fight
which resulted in the death Of Cavitt and
Stones. StrsTn has not yet arrived here
and his bond VIII be declared forfeited
perhaps tomorrow if he does not come
in.
The circumstances OF the difficulty thst
htssssE resulted II the Imprisonment Of these
Il seven men are about as follows: Frenk
Murray OF Erin Springs, Cnickssaw
Nation, and Wyatt Williams of BurIing-
ton, Texas, were partners in the cattle
business and owed quite large sum CT
money. Williams took 8 drive Of the
csttle to market and
DISPOSED OF THEM
for something over S4l GOO, and in plsce
of applying the money IN paying the
debts Of the firm appropriated it to his
own use, leaving Murray tG "hold the
bag" The firm being largely in debt to
Fitzpatrick and other defendants in this
case, Murray placed them in charge of
6 what cattle and other property there was
left in order TO make them partisIly safe
Williams went to Gaines lille, Tex,
where he sold all his interest in cattle,
horses, wagons, grazing privileges, etc,
in the ChckasaW country, to Mr.. Rol-
Inns, giving him bill of sale OF the same.
Rollins sent al agent out to take charge
of his purchase, but Murray refused TO
give them up save to
THE CREDITORS OF THE FIRM.
The agent returned to Gainesville and
reported the condition CT affairs, where
sAGpon Rollins Tepudiated the purchase
when Williams proposed 70 take q crowd
Of men and remove the stock from the
Territory by force. Kirk Williams,
brother OF Wyatt, shortly after this sent
party Of men up to Murray's who de-
manded the cattle, but Murray refused
to give them up, instructing the men to
tell Williams 20 come and settle up their
affairs, and he would then divide with
him what property there WIGS
left after paying the deb.s OF
the firm. THIS party left without anY
employed Bert Woods, noted character,
-
the stock cut
Woods end his men went to Murray's
residence at Eureka Springs, which Is
twenty miles from his ranch, and informed
him that he had come 10 recover the cat.
tie. Murray reasoned with Woods, and
requested him not to attempt to remove
the cattle, and thus avoid trouble
They merely said their instructions were
to bring the stock, and they were going
to take it. Accordingly, they pulled out
for the ranch, and that night campad in
the vicinity of it The next morning both
Woods and John Hooper, Irwin Ivry,
John Mones, Dick Cavitt and Dick Jones,
armed with siX-shooters and Winchester
rifles, rode up to the dwelling house on
the ranch, and 8 fight ensued N which
Cavitt and Jones
WERE MORTALLY WOUNDED,
while teeir leader and his three remaining
men fed, Fltzpatrick holding the iel0
and also the cattle. Fitzpatrick and ter
others were indicted for the murder OF
CaVitt and Jones, and all of them came in
and surrendered, except two brothers
named Rosseau, one of whom was en-
active participant in the fight. The other
nine stood trials as so0ve related, and
nave oeen on Donu since their surrender
up to to-day. Their only course now is
executive clemency, and as they are all
men of good reputation and are backed
by all the lay abiding people of the
Chickasaw Notion snd North Texas,
where the facts are well known, they will
likely obtain pardon, though they may
be compelled
TO LIE IN PRISON
fnr coma tirna fr:n a.,
the matters before the powers at Wash
ington in proper shape. The evidence at
the trial was conflicting ON the
principal points in the case, Woods and
his companions s7earing that Rosseau
fired the first shot when they rode up 10
the fence, without giving them time to
state their business, while the defense
claimed that Woods fred the frs. shot
and introduced evidence in supper: u t
OF g NUMBER OF respectable wilnes ses.
The case mas cost the defendants thou